STATE OF BOMBAY versus SUPREME GENERAL FILMS EXCHANGE LTD.

STATE OF BOMBAY versus SUPREME GENERAL FILMS EXCHANGE LTD.

Court fees on memoranda of appeal are payable according to the law in force at the date of filing the suit, and amendments which impose greater fees are not retrospective unless expressly stated; the right of appeal is a substantive right vested at the date of suit commencement.

Source-derived case information.

Parties
Appellant: State of Bombay; Respondent: Supreme General Films Exchange Ltd.
Jurisdiction
India
Judgment Date
22 April 1960
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed with costs.
Legal Topics
Court Fees, Retrospective Effect of Statutes, Right of Appeal
Civil Procedure Court Fees Retrospective Effect of Statutes Right of Appeal

Source-derived case record

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Parties

State of Bombay

Appellant

Supreme General Films Exchange Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether amendments in the Court Fees Act, 1870 (Bombay Amendment) Act, 1954, which came into effect on April 1, 1954, have retrospective effect and determine the applicable court fee on appeals filed after that date in suits instituted before that date.

Ratio Decidendi

Court fees on memoranda of appeal are payable according to the law in force at the date of filing the suit, and amendments which impose greater fees are not retrospective unless expressly stated; the right of appeal is a substantive right vested at the date of suit commencement.

Court Disposition

Appeals dismissed with costs.

Orders

  • Refund of excess court fees ordered by High Court confirmed.
  • One set of costs, as appeals were consolidated and heard together.